Vaccine Injuries

Receive the Recognition and Recovery You Deserve. Legal Representation for Vaccine Injuries.

Vaccines are considered a modern medical miracle. They have allowed us to eradicate diseases worldwide that were once leading causes of death to adults and children alike. While news articles often tout the proven benefits of vaccines, and controversies often focus on disproven theories or scandals, one group of people always seems to be left out of the story:  the children and adults who have suffered vaccine injuries.

Adverse reactions to vaccines are statistically rare, but they do occur, and some reactions may be incredibly severe or debilitating, even resulting in lifelong health issues or even death.

The United States government recognizes the reality of injuries caused by vaccines, and in 1986 Congress created the National Vaccine Injury Compensation Program, or NVICP, to pay out damages to affected individuals and their families.

If you or a loved one has suffered from a vaccine injury, you may be able to recover damages to help mitigate ongoing medical costs and other financial needs that have resulted from the injury.

 

Individuals who have suffered from vaccine injuries may recover compensation from the Vaccine Trust Fund. Eligibility is decided by the United States Court of Federal Claims in Washington, DC.

In order to recover damages from the National Vaccine Injury Compensation Program, individuals will go through the following steps:

  • Bring a vaccine injury lawsuit in the United States Court of Federal Claims against the Secretary of the Department of Health & Human Services
  • Provide evidence as to the causal connection between the vaccine and the resulting injury, which will be subject to review by Department of Justice attorneys and DHHS physicians
  • The Department of Justice and Department of Health & Human Services will hand down a decision on whether or not to compensate the claim from the vaccine injury trust fund
  • In the event that the Department of Justice and Department of Health & Human Services come to conflicting conclusions on whether to compensate from the vaccine injury trust fund, the Court of Federal Claims will step in to make the final decision.

Vaccine injury lawsuits are related to Personal Injury but truly stand alone, and so it’s imperative to work with an attorney who is able to bring your suit before the Court of Federal Claims and who has knowledge and experience of what the process entails.

You may file a vaccine injury claim if you:

  • Received a vaccine covered by the NVICP and believe that you were injured as a direct result
  • You are a parent of legal guardian of a child or disabled adult who received a vaccine, and you believe that the person was injured as a result
  • You are the legal representative of the estate of a deceased person who received a vaccine covered by the VICP, you believe their death came as a result of the vaccine

You do not have to be a United States citizen to be eligible for compensation, and some individuals who received their vaccines outside the United States may be eligible for compensation, as well.

In order to file a vaccine injury claim, the injury that came as a result of receiving a vaccine must last for more than 6 months after the vaccine is given, or have resulted in a hospital stay and surgery or death.

There is no age restriction on who may file a vaccine injury claim.

Not every vaccine that a person may receive in their lifetime is covered under the NVICP, and so compensation may not be available if your injury came as a result of a vaccine not covered by the program.

Vaccines that are covered by the NVICP include:

  • Tetanus toxoid-containing vaccines (DTaP, Tdap, DTP-Hib, DT, Td, TT)
  • Pertussis antigen-containing vaccines (DTaP, Tdap, DTP, P, DTP-Hib)
  • Measles, mumps and rubella virus-containing vaccines in any combination (MMR, MR, M, R)
  • Rubella virus-containing vaccines (MMR, MR, R)
  • Measles virus-containing vaccines (MMR, MR, M)
  • Polio live virus vaccines (OPV)
  • Hepatitis B antigen-containing vaccines (Engerix-B, Recombivax HB, Twinrix)
  • Hemophilus influenzae (type b polysaccharide conjugate vaccines)
  • Varicella vaccine (Varivax chickenpox virus vaccine and ProQuad)
  • Rotavirus vaccine (Rota Teq)
  • Pneumococcal conjugate vaccines (Prevnar)
  • Hepatitis A vaccines (Havrix, VAQTA, and Twinrix)
  • Trivalent influenza vaccines (Flu vaccines including FluMist, a live attenuated influenza virus vaccine; and injectable influenza vaccines FluShield, Fluvirin, Fluzone, and Afluria)
  • Meningococcal vaccines (meningococcal polysaccharide vaccine (MPSV4) and meningococcal conjugate vaccine (MCV4), Menactra)
  • Human papillomavirus (HPV) vaccines (Gardasil and Cervarix)
  • Polio inactivated virus (IPV)

As you’ll notice, most of the vaccines we receive as infants and small children, or that we receive boosters for as adults, appear on this list. There are a series of specific and nonspecific health problems that can occur as a result of vaccine injury, including Guillain-Barre Syndrome, or GBS, Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), Tranverse Myelitis, Acute Disseminated Encephalomyelitis (ADEM), Narcolepsy, and more.

There are a few types of vaccines NOT covered by the NVICP. These vaccines include:

  • Pneumovax v23; or Pneumococcal polysaccharide (PPSV, PPV) vaccine
  • Zostavax; or Herpes zoster (shingles) vaccine
  • Rabies vaccine
  • Anthrax
  • Smallpox
  • Yellow Fever
  • Tuberculosis (TB)
  • Typhoid Fever

If you or a loved one has suffered as a result of a vaccine injury, you deserve legal representation that can help you recover the damages you are legally entitled to under the National Vaccine Injury Compensation Program.

Request a Free Consultation for Vaccine Injuries in South Carolina

Bluestein Attorneys offers a free consultation for individuals suffering from vaccine injuries. We’re happy to sit down with you to go over the details of your situation, your ongoing diagnoses and medical treatment, and future medical and financial needs that result from your vaccine injury.

We’ll get to know you and your family, allowing us to ensure that the United States Court of Federal Claims, along with the DOJ and DHHS, understand the true extent of your injuries resulting from vaccines and how it has impacted your life and the lives of your loved ones.

To request your free consultation for vaccine injuries in South Carolina, give Bluestein Attorneys a call at (803) 779-7599 or fill out the form below to contact us online at any time.